Conditional Sales Agreement

Conditional Sales Agreement
WITNESSETH THIS AGREEMENT dated June ___, 2014, by and between THE STATE OF
INDIANA acting through the Indiana Department of Administration, (“Seller”) and
________________________________________________________________, (“Buyer”).
In consideration of this Agreement, Seller and Buyer agree as follows:
1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the
following property (collectively, “Property”):
1.1
Property. The property commonly known as ~118-390 W Beck’s Mill Road,
Salem, Washington County, Indiana, described on the attached Exhibit A
(“Land”) together with all buildings, improvements and fixtures constructed or
located on the Land (“Buildings”) and all easements of record and rights
benefiting or appurtenant to the Land (collectively the “Property”), subject to all
existing legal rights-of-way, easements, conditions and restrictions of record.
1.2
Access. The subject parcel currently has limited public access or right of entry.
The buyer will be responsible for gaining legal access to the property.
Ingress/Egress permits may be submitted to the Department of Transportation
and approved or denied at the agencies sole discretion. No assurance of such a
permit is expressed or implied.
1.3
Personal Property. No personal property is being sold or conveyed as a part of
this Purchase Agreement.
2. Purchase Price, Buyer’s Premium, and Manner of Payment. The total purchase price
(“Purchase Price”) to be paid for the Property shall be ________________________________
Dollars ($________________). The Purchase Price shall be payable as follows:
2.1
In conjunction with execution of this Agreement (the “Execution Date”), Buyer
shall submit ____________________________________________ Dollars
($_______________) to Seller as earnest money (“Earnest Money”). In the event
this Agreement is not accepted by Seller, the Earnest Money shall be promptly
returned to Buyer. Upon acceptance of this Offer by Seller, such Earnest Money
shall secure the Buyer's performance of this Agreement and in the event of a
default by Buyer in the performance of its obligations herein specified, Seller
shall have the right to terminate this Agreement and the Earnest Money shall be
paid to Seller as liquidated damages as Seller’s sole remedy at law or in equity;
and
2.2
The balance of the Purchase Price, subject to adjustments as set forth herein,
shall be payable in certified funds or by electronic transfer of funds on the
“Closing Date” (as hereinafter defined).
2.3
In addition to the Purchase Price, Buyer shall, at Closing as hereinafter defined,
pay Seller’s representative a 10% Buyer’s premium pursuant to the terms of a
separate addendum to this Agreement.
3. Contingencies and Inspection Period. The obligation of the Seller is contingent upon approval
of the transaction contemplated by this Agreement as required by IC 4-13-2-14.1, IC 4-13-2-14.2
and IC 4-20.5-7.
Rev 3.0
4. Closing. In the event that Seller has accepted this Agreement and the parties proceed to
closing, the closing of the purchase and sale contemplated by this Agreement (the “Closing”)
shall occur within thirty (30) days following State approval as set forth above (the “Closing
Date”), such final closing is subject to and conditional upon approval by the Office of the
Governor and the Indiana Attorney General, unless extended by mutual agreement of the
parties. The Closing shall take place at a time, place, and on a date agreeable by Seller and
Buyer. The Buyer will be responsible for title fees, escrow fees, and costs charged by the
company with whom the earnest money is deposited as outlined in Section 5.1.
4.1
4.2
Seller’s Closing Documents. On the Closing Date, Seller shall have executed and
delivered or caused to be delivered to Buyer the following (collectively, “Seller’s
Closing Documents”), all in form and content reasonably satisfactory to Buyer:
4.1.1
Deed. A Quitclaim Deed conveying the Property to Buyer, an exemplar
of such Quitclaim Deed is attached hereto as Exhibit B.
4.1.2
Documents. Copies of all contracts, permits and warranties affecting the
Property that will survive the Closing, if any.
4.1.3
Sales Disclosure Form. An Indiana sales disclosure form.
4.1.4
Other Documents. All other documents reasonably determined by Buyer
to be necessary to transfer title to the Property to Buyer free and clear
except Permitted Exceptions to Title.
Buyer’s Closing Documents. On the Closing Date, Buyer will execute and deliver
to Seller the following (collectively, “Buyer’s Closing Documents”):
4.2.1
Purchase Price. Funds representing the Purchase Price, by electronic
transfer of immediately available funds.
4.2.2
Assumption of Contracts, Permits, Warranties and Miscellaneous
Documents. An Assumption of Contracts, Permits and Warranties, if any,
assuming Seller’s obligations under such documents.
4.2.3
Sales Disclosure Form. An Indiana sales disclosure form.
4.2.4
Other Documents. All other documents reasonably determined by Seller
or Title Company to be necessary to complete the transaction
contemplated by this Agreement.
5. Allocation of Costs. Seller and Buyer agree to the following allocation of costs regarding this
Agreement:
5.1
Title Insurance and Closing Fee. Buyer shall be solely responsible for the
payment of all premiums and fees associated with title insurance, including any
and all closing fees or recording charges. Buyer shall be responsible for
payment, at or before Closing, of search fees charged by the title company from
whom Seller obtained a preliminary title review and commitment. Unless waived
by the title company, said closing fees shall be payable by Buyer whether or not
Buyer obtains a policy of title insurance.
5.2
Taxes and Assessments. The Property being conveyed is owned by the State of
Indiana and is exempt from all real property taxes. The Seller shall assume no
responsibility or liability for any real property taxes or other assessments from
which it is statutorily exempt. Buyer shall be solely responsible for, and indemnify
Seller against, any and all real property taxes assessed with respect to the Real
Property on or after Closing.
2
5.3
Utilities. Seller shall either ensure that utility service to the Property is
disconnected as of the Closing Date or shall cooperate with Buyer in having such
utility services transferred to Seller’s account. All contracts relating to operating
the Property shall be canceled as of the Closing Date.
5.4
Attorney’s Fees. Each of the parties will pay its own attorney’s fees.
6. Evidence of Title. In the event that Buyer does not order and receive a commitment for title
insurance, Seller shall, at its expense, within ten (10) days after written request from Buyer,
furnish to Buyer a copy of the documents by which the State obtained or otherwise holds title or
a letter from the State Land Office describing the documents by which the State obtained and
otherwise holds title. Seller will cooperate with the Buyer or its title company in clarifying or
resolving any perceived deficiencies or clouds in the title, but shall not be required to incur any
expense beyond commitment of the time of the State Land Office. If such issues cannot be
resolved to Buyer’s satisfaction, Buyer may terminate this Agreement, and the Earnest Money, if
any, shall be returned.
7. Maintenance of the Real Property Prior to Closing. During the period from the date of Seller’s
acceptance of this Agreement to the Closing Date, Seller shall maintain the Property and
improvements in a reasonably prudent manner. Seller shall execute no contracts, leases or
other agreements regarding the Property between the date hereof and the Date of Closing that
are not terminable on or before the Closing Date, without the prior written consent of Buyer,
which consent may be withheld by Buyer at its sole discretion.
8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as
follows:
8.1
Existence; Authority. Seller has the requisite power and authority to enter into
and perform this Agreement and to execute and deliver Seller’s Closing
Documents; such documents have been duly authorized by all necessary action.
8.2
Contracts. Seller has made available to Buyer a correct and complete copy of
any Contract and its amendments which will survive a closing hereunder, if any.
8.3
Operations. Seller has received no written notice of actual or threatened
cancellation or suspension of any utility services for any portion of the Property.
Seller has received no written notice of actual or threatened special assessments
or reassessments of the Property.
8.4
Litigation. To Seller’s knowledge, there is no litigation or proceeding pending or
threatened against or relating to the Property, nor does Seller know of or have
reasonable grounds to know of any basis for any such action or claim.
8.5
Physical Condition. Seller makes no representation or warranty concerning the
physical condition of the Property and puts Buyer to the obligation to satisfy itself
pursuant to the contingency contained in Section 3 above.
9. Casualty; Condemnation. If all or any part of the Property is materially damaged by fire,
casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and
Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by
giving notice within thirty (30) days after Seller’s notice. If eminent domain proceedings are
threatened or commenced against all or any part of the Property, Seller shall immediately give
notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all
Earnest Money by giving notice within thirty (30) days after Seller’s notice. Termination of this
Agreement and return of all Earnest Money are Seller’s sole remedies
3
10. Notices. Any notice required or permitted hereunder shall be given by personal delivery
upon an authorized representative of a party hereto; or if mailed by United States certified mail,
return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed
notice; or if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to Seller:
With Copy to:
Commissioner
Indiana Department of Administration
402 W. Washington St., W479
Indianapolis, IN 46204
Attorney General
Office of the Indiana Attorney General
302 W. Washington St.
Indianapolis, IN 46204
If to Buyer:
With a Copy to:
Notices shall be deemed effective on the date of receipt. Any party may change its address for
the service of notice by giving notice of such change ten (10) days prior to the effective date of
such change.
11. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement, and are not to be considered in interpreting
this Agreement. This written Agreement constitutes the complete agreement between the
parties and supersedes any prior oral or written agreements between the parties regarding the
Property. There are no verbal agreements that change this Agreement, and no waiver of any of
its terms will be effective unless in a writing executed by the parties. This Agreement binds and
benefits the parties and their successors and assigns. This Agreement has been made under
the laws of the State of Indiana, and any suit must be brought in an Indiana court of competent
jurisdiction.
12. Remedies. If Buyer defaults, and if Buyer fails to cure such default within ten (10) days of
the date of notice of such default from Seller, then Seller shall have the right to terminate this
Agreement by giving written notice of termination to Buyer. In the event of termination Seller will
receive the Earnest Money as liquidated damages, time being of the essence of this Agreement.
The termination of this Agreement and retention of the Earnest Money will be the sole remedy
available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific
performance. Buyer’s sole remedy for any default by Seller shall be termination of this
Agreement and return of the Earnest Money.
13. Buyer’s Examination. Buyer is relying solely upon its own examination of the Property and
inspections in determining its physical condition, character, and suitability for Buyer’s intended
use of the Property and is not relying upon any representation by Seller or any broker, except
for those made by Seller directly to Buyer in writing in Exhibit C, which is attached to this
agreement. Buyer agrees and acknowledges that it is accepting the Property “AS IS” subject
to all faults of every kind and nature whatsoever, whether latent or patent, and whether now or
4
hereafter existing, and Buyer acknowledges that it has based its decision to purchase the
Property solely upon information obtained independently by Buyer. Buyer shall sign a Hold
Harmless Affidavit, an exemplar of such Hold Harmless Affidavit is attached hereto as
Exhibit D. Buyer shall acquire the Property subject to all laws imposed upon the Property by
any governmental or quasi-governmental authority having jurisdiction thereof. Buyer represents
and warrants to Seller that Buyer has not relied, and will not rely, upon the representation or
statement, or the failure to make any representation or statement, by Seller or Seller’s agents,
employees or by any person acting or purporting to act on the behalf of Seller with respect to
the physical condition of the Property.
14. Compliance with Telephone Privacy. As required by IC 5-22-3-7:
(1) The Buyer and any principals of the Buyer certify that (A) the Buyer, except for de
minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone
Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or (iii) IC 24-5-14
[Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365)
days, even if IC 24-4.7 is preempted by federal law; and (B) the Buyer will not violate the
terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal
law.
(2) The Buyer and any principals of the Buyer certify that an affiliate or principal of the
Buyer and any agent acting on behalf of the Buyer or on behalf of an affiliate or principal of
the Buyer (A) except for de minimis and nonsystematic violations, has not violated the terms
of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is
preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of
the Contract, even if IC 24-4.7 is preempted by federal law.
15. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn, unless accepted by
Seller, after one-hundred-fifty (150) days of delivery to Seller. In the event of a withdrawal under
this section, Buyer shall be entitled the return of the Earnest Money.
16. Additional terms.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
17. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for
perjury, that he/she is the Buyer, or that he/she is the properly authorized representative, agent,
member or officer of the Buyer, that he/she has not, nor has any other member, employee,
representative, agent or officer of the Buyer, directly or indirectly, to the best of the
undersigned’s knowledge, entered into or offered to enter into any combination, collusion or
agreement to receive or pay, and that he/she has not received or paid any sum of money or
other consideration for the execution of this Property Purchase Agreement other than that which
appears upon the face of this Agreement.
5
In Witness Whereof, Buyer and the Seller have, through their duly authorized representatives,
entered into this Property Purchase Agreement. The parties, having read and understood the
foregoing terms, do by their respective signatures dated below hereby agree to the terms
thereof.
BUYER:
____________________________________
Signature
____________________________________
Printed Name
____________________________________
Title
BUYER SHALL TAKE TITLE OF THE PROPERTY AS FOLLOWS:
BUYERS PRIMARY ADDRESS:
_____________________________________________________________________________________
SELLER:
State of Indiana acting through the Indiana Department of Administration.
By
For:
6
EXHIBIT B
QUITCLAIM DEED
THIS INDENTURE WITNESSETH, that the STATE OF INDIANA, acting through the Governor of the
State of Indiana and the Commissioner of the Indiana Department of Administration, or their respective designees,
and by the authority of Indiana Code 4-20.5-7-11, RELEASES and QUITCLAIMS to:
for good, valuable, and sufficient consideration, receipt of which is hereby acknowledged, the real property located
in ______________County, Indiana and more fully described on Exhibit A, attached hereto and incorporated fully
herein.
Subject to all existing legal rights-of-way, easements, conditions, and restrictions of record.
IN WITNESS WHEREOF, the undersigned have executed the foregoing Quitclaim Deed on behalf of the State of
Indiana this ________ day of _____________ 2011.
____________________________________
David L. Pippen, Designee for
Mitchell E. Daniels, Jr. Governor
State of Indiana )
County of Marion
)
)
ss:
Before me, a Notary in and for said County and State, personally appeared David L. Pippen, designee of the
Governor of Indiana pursuant to IC 4-20.5-7-17 (b), and acknowledged execution of the foregoing Quitclaim Deed
this ________ day of ___________ 2011.
Notary signature: ___________________________________
Notary name printed: ________________________________
My commission expires: __________________
I reside in _______________ County
____________________________
Anthony Green, Designee for
Robert D. Wynkoop, Commissioner
Indiana Department of Administration
State of Indiana )
County of Marion
)
)
ss:
Before me, a Notary in and for said County and State, personally appeared Anthony Green, designee of the
Commissioner, Indiana Department of Administration, and acknowledged execution of the foregoing Quitclaim
Deed this ________ day of ___________ 2011.
Notary signature: ___________________________________
Notary name printed: ________________________________
My commission expires: __________________
I reside in _______________ County
Approved as to form and legality:
__________________________________
Gregory F. Zoeller, Attorney General
Date: ______________________
Send tax bills to: same address above
Filed in Indiana State Land Office:
This instrument prepared by Tim A. Grogg Esq. (Attorney No. 7316-03), Legal Counsel, Indiana Department of
Administration, 402 West Washington Street, W 479, Indianapolis, IN 46204. I affirm, under the penalties for
perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by
law. ____________________________________
EXHIBIT C
Table of Contents
Page(s)
State of Indiana – Environmental Assessment Form
1-6
Attachment A: Map
Project Location
Attachment B: Cultural Resources (Section 106)
A-1
B-1
Attachment C: Red Flag Investigation
Red Flag Investigation Report
Site Location Map
Infrastructure Map
Water Resource Map
Mining/Mineral Exploration Map
Hazmat Map
Endangered, Threatened and Rare Species List
Attachment D: Additional Parcel Information
C-1
C-5
C-6
C-7
C-8
C-9
C-10
D-1
ENVIRONMENTAL ASSESSMENT FOR MAJOR STATE ACTIONS
State Form 54278 (R / 2-11)
IC 13-12-4-5; 326 IAC 16; 327 IAC 11; 329 IAC 5
INSTRUCTIONS
:
1. The responsible official of a state agency may use this form to determine if a major state action will significantly affect the quality of the
human environment as defined in 326 IAC 16, 327 IAC 11, and 329 IAC 5, and require preparation of an environmental impact
statement as required by IC 13-12-4-5.
2. Print or type all information. Use additional sheets if necessary.
3. The responsible official should sign and date the form when completed.
4. This document is a public record subject to IC 5-14-3. Maintain this form in accordance with the agency’s document retention schedule.
I. DESCRIPTION OF THE ACTION
Name of Agency:
Indiana Department of Transportation
Identification of Action:
Sale of Excess Right of Way
Location of Action:
Parcel 38 was purchased in conjunction with improvements to SR 135 (Des No 9803201). It is
located west of SR 135 on the northeast side of Becks Mill Road, where Becks Mill Road curves to
the northeast. The total area is 0.0515 ha (0.127 ac).
Predicted Start Date
(month, day, year):
Predicted End Date
(month, day, year):
July 29, 2013
January 01, 2015
Projected Final Cost:
0
(Fiscal Year 20
Preparer:
Toni Lynn Giffin, Environmental Manager
dollars)
II. BACKGROUND INFORMATION
1. Give a brief description of the proposed action(s) and describe how your agency is involved in the action.
INDOT and IDOA recognize that state-owned excess right-of-way exists at various locations throughout the state. This land
provides no function to the state highway system in terms of serviceability or maintenance, and prohibits development of the
property for productive use for residential, commercial, agricultural, or other private or public use. Additionally, state-ownership
of land may reduce the availability of real estate that is subject to property taxation; revenue which could benefit the community
as a whole. Selling such excess parcels of land would benefit the above causes, as well as providing the potential for additional
revenue to the state from the proceeds of the sale
2. Describe the geographical area or areas which will be affected by the proposed action(s), including distinguishing natural and man-made
characteristics and a brief description of the present use of the area(s).
There is one (1) Religious Facility located approximately 500 feet to the east-northeast of the parcel. There are three (3)
Railroads and two (2) Trails (Salem to Lake Salenda and Salem Multi-use) located within the ½ mile buffer. The presence of
the Religious Facility, Railroads and Trails will not impact the sale of the parcel.
A review of aerial photography positively identified waterways adjacent to the parcel. NWI lists eleven (11) wetlands, one (1)
NWI – Line, seven (7) Lakes, two (2) Rivers and two (2) Floodplains located within the ½ mile buffer. The project does not
encroach upon the HUD Special Flood Hazard Area. The presence of the wetlands, NWI – Line, Lakes, Floodplains or Rivers
will not impact the sale of the parcel.
The project is located inside of the designated karst area of the state as identified in the October 13, 1993 MOU. One karst
feature (Sink Hole Area) is known to exist within the proposed project area. Disposal of the property would not involve
construction, excavation, or demolition activities of any kind, thus there would be no impacts to this feature.
There is one (1) Petroleum Well and one (1) Petroleum Field located within the ½ mile buffer. The presence of the Petroleum
Well or Petroleum Field will not impact the sale of the parcel.
Land use in and near the project is a mix of agricultural, commercial and residential properties. Disposal of the property would
not involve construction, excavation, or demolition activities of any kind, thus there would be no impacts to these terrestrial
1
habitats. Selling this parcel will not have any direct effect on the value of this land as an agricultural resource. The
requirements of the FPPA do not apply to this project.
Research into the Indiana Heritage database revealed no ETR species within a ½ mile radius of the subject parcels. The sale
of the subject parcels is not expected to impact ETR species or high quality natural communities.
There are four (4) LUSTs, one (1) Underground Storage Tank, one (1) NPDES Facility and three (3) NPDES Pipe Locations
and one (1) Open Dump Site located within the ½ mile buffer. The presence of these LUSTs, Underground Storage Tanks,
NPDES Facility, NPDES Pipe Locations or the Open Dump Site will not impact the sale of the parcel.
With regards to archaeology, this parcel was surveyed by the Phase Ia reconnaissance conducted by ASC for SR 135
Improvements (Hillen and Jackson 1999; Des. No. 9003199). No sites were recorded within the parcel and SHPO concurred
with the results of the reconnaissance in a letter dated April 26, 2000. Therefore, no additional work is recommended for this
parcel prior to its sale.
With regards to above-ground, this parcel is within the Area of Potential Effect (APE) for SR 135 Improvements (Des. No.
9003199). No historic properties were found within the APE as per a SHPO letter dated March 31, 1998. Due to the passage
of time since the SHPO letter, the State Register of Historic Sites and Structures and National Register of Historic Places lists
for Washington County were checked by an INDOT- Cultural Resources Office (CRO) historian who meets the Secretary of the
Interior’s Professional Qualification Standards per 36 CFR Part 61. No properties on these lists are located near the parcel.
Additionally, the Washington County Interim Report of the Indiana Historic Sites and Structures Inventory was referenced
(2008; Salem Scattered Sites Southwest Section). No properties are recorded on this parcel. The nearest recorded property
located several hundred feet away is Site No. 175-567-28213, White Cemetery (Cemetery Registry No. CR-88-261). It is rated
“contributing.” Generally, properties rated "contributing" do not possess the level of historical or architectural significance
necessary to be considered National Register eligible. Additionally, cemeteries are usually not National Register eligible
unless they contain the grave of a historical figure of outstanding importance if there is no appropriate site or building directly
associated with his productive life or they derive their primary significance from graves of persons of transcendent importance,
from age, from distinctive design features, or from association with historic events. This is not the case with the White
Cemetery since it consists only of one headstone commemorating the family. INDOT-CRO does not think that the sale of this
parcel will affect any above-ground resources eligible for or listed in the National Register. No further work is recommended
prior to the sale of this parcel.
3. Briefly describe the need for the proposed action(s).
This land provides no function to the state highway system in terms of serviceability or maintenance, and prohibits
development of the property for productive use for residential, commercial, agricultural, or other private or public use.
Additionally, state-ownership of land may reduce the availability of real estate that is subject to property taxation; revenue
which could benefit the community as a whole.
4. Estimate the anticipated duration of the environmental effects of the proposed action(s).
Short term:
Availability of land for development or reuse
Long term:
2
III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT
Answer the following questions by placing a check in the appropriate space. Consider both short and long term impact. Wherever “Yes” is
checked, indicate the nature of the effect below the question.
Short Term
1.
2.
Could the action(s) adversely affect the use of a recreational area or area of important aesthetic
value?
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
Could the action(s) adversely affect fish, wildlife, or plant life?
See Attachement
5.
NO
Could the action(s) adversely affect an historical or archeological structure or site?
See Attachement
4.
YES
Are any of the natural or manmade features which may be affected in the area(s) unique, that is, not
found in another part of the state or nation?
Karst features, see Attachment
3.
Long Term
Have any fish, mammals or plant species on the rare or endangered species list been sighted in the
affected area(s)?
Will those sighted be adversely affected?
N/A
6.
7.
8.
9.
Could the action(s) change existing features of any of the state’s fresh waters or wetlands?
Could the action(s) change existing features of a state beach?
Could the action(s) result in the elimination of significant acreage of land presently utilized for
agriculture or forestry purposes?
Will the action(s) require certification, authorization or issuance of a permit by any local, state or
federal environmental control agency?
3
III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT (continued)
10
.
11
.
12
.
13
.
14
.
15
.
17
.
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
Will the action(s) involve construction of facilities in a flood plain?
Could the action(s) result in the generation of a significant level of noise?
Could the action(s) result in the generation of significant amounts of dust?
Could the action(s) result in a deleterious effect on the quality of the air?
The direct action of the land sale could not, unforeseen future development could.
Could the action(s) result in a deleterious effect on the quality or quantity of any portion of the state’s
water resources? (If yes, indicate whether surface, ground water, or offshore.)
Could the action(s) affect an area of important scenic value?
Could the action(s) result in increased congestion and/or traffic in an already congested area or an
area incapable of absorbing increase?
The direct action of the land sale could not, unforeseen future development could.
18
.
Long Term
Will the action(s) involve the application, use or disposal of potentially hazardous materials?
The direct action of the land sale could not, unforeseen future development could.
16
.
Short Term
Could the action(s) require a variance from or result in a violation of any statute, ordinance, by-law,
regulation or standard, the major purpose of which is to prevent or minimize damage to the
environment?
The direct action of the land sale could not, unforeseen future development could.
4
19
.
Could the action(s) result in any form of adverse environmental impact not included in the above
questions? (If yes, identify the impacted resource or area.)
The direct action of the land sale could not, unforeseen future development could.
5
YES
NO
YES
NO
Attachment A
Maps
Division St
Carr St
Ridgeview Dr
Red Flag Investigation - Site Location Map
SR 135 - Excess Parcel
LA Code 3723, Parcel 76A
Washington County, Indiana
s
rtin
Ma
Dr
R
rg
bu
S High St
h
ut
So
S
Arthur St
d
60
Carr St
Paynter St
R
Q
Florence St
Imperial Dr
W
W Hugh Veteran Dr
sM
eck
ill R
Lee St
Grandview Dr
W Joseph St
Campbell Ct
d
B
R
Q
135
Salinda Dr
e
Lak
lin
Sa
R
da
d
º
0.1
0.05
0
Sources:
Non Orthophotography
Data - Obtained from the State of Indiana Geographical
Information Office Library
Orthophotography - Obtained from Indiana Map Framework Data
(www.indianamap.org)
Map Projection: UTM Zone 16 N Map Datum: NAD83
0.1
Miles
SALEM QUADRANGLE
INDIANA
7.5 MINUTE SERIES
(TOPOGRAPHIC)
This map is intended to serve as an aid in graphic
representation only. This information is not warranted
for accuracy or other purposes.
A-1
Attachment B
Cultural Resources (Section 106)
This letter clears
parcel 3723-76A
B-1
B-2
B-3
3723-76A
B-4
B-5
Attachment C
Red Flag Investigation
INDIANA DEPARTMENT OF TRANSPORTATION
Driving Indiana’s Economic Growth
100 North Senate Avenue
Room N642
Indianapolis, Indiana 46204-2216 (317) 232-5348 FAX: (317) 233-4929
Date:
September 9, 2013
To:
Marlene Mathas
Hazardous Materials Unit
Environmental Services
Indiana Department of Transportation
100 N Senate Avenue, Room N642
Indianapolis, IN 46204
Michael R. Pence, Governor
Karl B. Browning, Commissioner
From: Toni Lynn Giffin
Environmental Services - NEPA
Indiana Department of Transportation
100 North Senate Avenue Room N642
Indianapolis, IN 46204
Re:
RED FLAG INVESTIGATION
LA 3723, Excess parcel 76A
SR 135
Washington County, Indiana
NARRATIVE
The subject parcel were acquired by INDOT (Indiana Department of Transportation) for right‐of‐way purposes. INDOT
has decided that this surplus land will not be needed for right‐of‐way or other transportation purposes within the
foreseeable future. A legal description of parcel 76A is as follows:
Parcel 76A
A part of the Southwest Quarter of Section 20, Township 2 North, Range 4 East, Washington County, Indiana, being all
that part of the grantor's land identified as Parcel No. 76A Excess Land that lies outside the ROW lines depicted upon the
Right of Way Parcel Plat for Parcel 76 of INDOT Project STP-14 1-1(009) and attached as Exhibit "B", described as follows:
Commencing at the northeast corner of said quarter section; thence South 1 degree 11 minutes 03 seconds East 334.296
meters (1 ,096.77 feet) along the east line of said quarter section to the prolonged southern line of the grantor's
land; thence North 78 degrees 50 minutes 02 seconds West 75.721 meters (248.43 feet) along said southern line
prolonged to the western boundary of S.R. 135; thence North 10 degrees 10 minutes 47 seconds West 2.919 meters
(9.58 feet) along the boundary of said S.R. 135; thence North 33 degrees 00 minutes 47 seconds West 24.140 meters
(79.20 feet) along said boundary to point "559" as shown on said Exhibit "B"; thence North 6 degrees 13 minutes 13
seconds West 60.283 meters (197.78 feet) along said boundary; thence North 5 degrees 58 minutes 03 seconds East
14.446 meters (47.40 feet) to point "563" as shown on said Exhibit "B"; thence North 5 degrees 58 minutes 03 seconds
East 48.205 meters (158.15 feet) along said boundary; thence North 12 degrees 28 minutes 02 seconds West 1.326
meters (4.35 feet) along the boundary of said S.R. 135 to the northeast comer of the grantor 's land; thence South 89
degrees 09 minutes 58 seconds West 53.466 meters (175.41 feet) along the north line of the grantor's land to the point
of beginning of this description: thence South. 54 degrees 28 minutes 15 seconds West 38.588 meters (126.60 feet) to
www.in.gov/dot/
An Equal Opportunity Employer
C-1
point "568" as shown on said Exhibit '"B"; thence North 36 degrees 27 :minutes 37 seconds West 22.914 meters (75.18
feet) to the eastern boundary of Beck's Mill Road and point "567" as shown on said Exhibit "B"; thence North 20 degrees
15 minutes 53 seconds East 3.579 meters (11.74 feet) along the boundary of said Beck's Mill Road to the north line of
the grantor's land; thence North 89 degrees 09 minutes 58 seconds East 43.786 meters (143.65 feet) along said north
line to the point of beginning and containing 0.0515 hectares (0.127 acres), more or less.
SUMMARY
Infrastructure
Indicate the number of items of concern found within ½ mile, including an explanation why each item
within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:
Religious Facilities
1
Recreational Facilities
N/A
Airports
Cemeteries
Hospitals
N/A
N/A
N/A
Pipelines
Railroads
Trails
N/A
3
2
Schools
N/A
Managed Lands
N/A
Explanation:
Religious Facilities: There is one (1) Religious Facility located approximately 500 to the east-northeast of the parcel. The
presence of this Religious Facility will not impact the sale of the parcel.
Railroads: There are three (3) Railroads located within the ½ mile buffer. The presence of these Railroads will not
impact the sale of the parcel.
Trails: There are two (2) Trails (Salem to Lake Salenda and Salem Multi-use) located within the ½ mile buffer. The
presence of these Trails will not impact the sale of the parcel.
Water Resources
Indicate the number of items of concern found within ½ mile, including an explanation why each item
within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:
NWI - Points
Karst Springs
Canal Structures – Historic
NWI - Lines
IDEM 303d Listed Rivers and
Streams (Impaired)
Rivers and Streams
Canal Routes - Historic
N/A
N/A
N/A
1
NWI - Wetlands
IDEM 303d Listed Lakes
Lakes
Floodplain - DFIRM
11
N/A
7
2
N/A
Cave Entrance Density
N/A
2
N/A
Sinkhole Areas
Sinking-Stream Basins
1
N/A
Explanation:
NWI – Wetlands: There are eleven (11) NWI – Wetlands located within the ½ mile buffer. The presence of these
wetlands will not impact the sale of the parcel.
Lakes: There are seven (7) Lakes located within the ½ mile buffer. The presence of these Lakes will not impact the sale
of the parcel.
NWI – Lines: There is one (1) NWI – Lines located within the ½ mile buffer. The presence of these NWI - Lines will not
impact the sale of the parcel.
www.in.gov/dot/
An Equal Opportunity Employer
C-2
Floodplain – DFIRM: There are two (2) Floodplains located within the ½ mile buffer. The presence of these Floodplains
will not impact the sale of the parcel.
Rivers and Streams: There are two (2) Rivers located within the ½ mile buffer. The presence of these Rivers will not
impact the sale of the parcel.
Sinkhole Areas: There is one (1) Sinkhole Area located within the ½ mile buffer. The presence of this Sinkhole Area will
not impact the sale of the parcel.
Mining/Mineral Exploration
Indicate the number of items of concern found within ½ mile, including an explanation why each item
within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:
Petroleum Wells
Mines – Surface
1
N/A
Petroleum Fields
Mines – Underground
1
N/A
Explanation:
Petroleum Wells: There one (1) Petroleum Well located within the ½ mile buffer. The presence of this Petroleum Well
will not impact the sale of the parcel.
Petroleum Fields: There one (1) Petroleum Field located within the ½ mile buffer. The presence of this Petroleum Field
will not impact the sale of the parcel.
Hazmat Concerns
Indicate the number of items of concern found within ½ mile, including an explanation why each item
within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:
Brownfield Sites
Corrective Action Sites (RCRA)
Confined Feeding Operations
Construction Demolition Waste
Industrial Waste Sites (RCRA
Generators)
Infectious/Medical Waste Sites
N/A
N/A
N/A
N/A
Restricted Waste Sites
Septage Waste Sites
Solid Waste Landfills
State Cleanup Sites
N/A
N/A
N/A
N/A
N/A
Tire Waste Sites
N/A
N/A
N/A
Lagoon/Surface Impoundments
N/A
Waste Transfer Stations
RCRA Waste Treatment, Storage,
and Disposal Sites (TSDs)
N/A
Leaking Underground Storage
Tanks (LUSTs)
Manufactured Gas Plant Sites
4
Underground Storage Tanks
1
N/A
Voluntary Remediation Program
N/A
NPDES Facilities
1
Superfund
N/A
NPDES Pipe Locations
Open Dump Sites
3
1
Institutional Control Sites
N/A
Explanation:
Leaking Underground Storage Tanks (LUSTs): There are four (4) LUSTs located within the ½ mile buffer. The presence of
these LUSTs will not impact the sale of the parcel.
Underground Storage Tanks: There is one (1) Underground Storage Tanks located within the ½ mile buffer. The
presence of these Underground Storage Tanks will not impact the sale of the parcel.
www.in.gov/dot/
An Equal Opportunity Employer
C-3
C-4
Division St
Carr St
Ridgeview Dr
Red Flag Investigation - Site Location Map
SR 135 - Excess Parcel
LA Code 3723, Parcel 76A
Washington County, Indiana
s
rtin
Ma
Dr
R
rg
bu
S High St
h
ut
So
S
Arthur St
d
60
Carr St
Paynter St
R
Q
Florence St
Imperial Dr
W
W Hugh Veteran Dr
sM
eck
ill R
Lee St
Grandview Dr
W Joseph St
Campbell Ct
d
B
R
Q
135
Salinda Dr
e
Lak
lin
Sa
R
da
d
º
0.1
0.05
0
Sources:
Non Orthophotography
Data - Obtained from the State of Indiana Geographical
Information Office Library
Orthophotography - Obtained from Indiana Map Framework Data
(www.indianamap.org)
Map Projection: UTM Zone 16 N Map Datum: NAD83
0.1
Miles
SALEM QUADRANGLE
INDIANA
7.5 MINUTE SERIES
(TOPOGRAPHIC)
This map is intended to serve as an aid in graphic
representation only. This information is not warranted
for accuracy or other purposes.
C-5
Red Flag Investigation - Infrastructure Map
SR 135 - Excess Parcel
LA Code 3723, Parcel 76A
Washington County, Indiana
Kings St
t
North Center St
SP
ose
yS
North Center St
South St
Old State Road 60
S High St
Fair St
Arthur St
Highland Dr
Ridgeview Dr
Division St
Carr St
Dr
Meridian St
Tucker St
uth
So
West St
Reister St
Paynter St
Caleb St
Central Ave
60
S
M
Carr St
R
Q
ti
ar
r
bu
ns
g
Lee St
Florence St
Rd
Grandview Dr
Imperial Dr
W Joseph St
W Hugh Veteran Dr
Campbell Ct
Parcel 76A
W
s
eck
lR
Mil
d
B
R
Q
135
Salinda Dr
e
Lak
Sa
a
lind
Rd
º
0.15
0.075
0
Sources:
Non Orthophotography
Data - Obtained from the State of Indiana Geographical
Information Office Library
Orthophotography - Obtained from Indiana Map Framework Data
(www.indianamap.org)
Map Projection: UTM Zone 16 N Map Datum: NAD83
This map is intended to serve as an aid in graphic
representation only. This information is not warranted
for accuracy or other purposes.
0.15
Miles
0#I
_
Recreation Facility
Project Area
Pipeline
Half Mile Radius
Railroad
Interstate
p
Religious Facility
Religious Facility
Indiana Map
Airport
Ý
Cemeteries
Trails
State Route
®
v
Hospital
Managed Lands
US Route
m
n
School
County Boundary
Local Road
C-6
Franklin St
North Center St
West St
E
Sm
all
St
W Small St E Small St
W Small St
Virginia Ave
Fair St
E Cherry St
Smith
St
Ball Ct
Fair
St
S Mill St
S Water St
S Harrison St
North St
W Cherry St
nd Ave
Nicholas Ave
E Poplar St
Highla
S Shelby St
W Poplar St
S College Ave
W Market St
S Posey St
Spring Grove Ave
Lockwood St
Lincoln St
Red Flag Investigation - Water Resource Map
SR 135 - Excess Parcels
LA Code 3723, Parcel 76A
Washington County, Indiana
Kings St
North Center St
South St
Old State Road 60
S
M
ti
ar
r
bu
ns
Lee St
Paynter St
Florence St
Williams Dr
60
Carr St
R
Q
S High St
South Dr
Arthur St
Fair St
Carr St
Tucker St
Highland Dr
Division St
Meridian St
Ridgeview Dr
Caleb St
Central Ave
g
Rd
Grandview Dr
Imperial Dr
W Joseph St
W Hugh Veteran Dr
Campbell Ct
Parcel 76A
W
s
eck
lR
Mil
d
B
R
Q
135
Salinda Dr
e
Lak
º
Sa
a
lind
Rd
0.15
0.075
0
Sources:
Non Orthophotography
Data - Obtained from the State of Indiana Geographical
Information Office Library
Orthophotography - Obtained from Indiana Map Framework Data
(www.indianamap.org)
Map Projection: UTM Zone 16 N Map Datum: NAD83
This map is intended to serve as an aid in graphic
representation only. This information is not warranted
for accuracy or other purposes.
0.15
Miles
\
ò0
WX
X
W
NWI - Point
Karst Spring
Lake - Impaired
Project Area
Half Mile Radius
Lake
Canal Structure - Historic
NWI- Line
Stream - Impaired
! !
" " NPS NRI listed
River
Canal Route - Historic
C-7
Wetlands
Floodplain - DFIRM
W W Cave Entrance Density
WÜ
W Sinkhole Area
<
<
Ü
Sinking-Stream Basin
<Ü
< County Boundary
Ü
Interstate
State Route
US Route
Local Road
North Center St
West St
E Cherry St
E
Sm
all
St
W Small St E Small St
W Small St
Smith
St
Ball Ct
Fair
St
Fair St
S College Ave
S Water St
S Harrison St
North St
W Cherry St
nd Ave
Nicholas Ave
E Poplar St
Highla
S Shelby St
W Poplar St
S Mill St
S Posey St
W Market St
Virginia Ave
Franklin St
Spring Grove Ave
Lockwood St
Lincoln St
Red Flag Investigation - Mining/Mineral Exploration Map
SR 135 - Excess Parcels
LA Code 3723, Parcel 76A
Washington County, Indiana
Kings St
North Center St
South St
Old State Road 60
S
M
ti
ar
r
bu
ns
g
Lee St
Paynter St
Florence St
Williams Dr
60
Carr St
R
Q
S High St
South Dr
Arthur St
Fair St
Carr St
Tucker St
Highland Dr
Division St
Meridian St
Ridgeview Dr
Caleb St
Central Ave
Rd
Grandview Dr
Imperial Dr
W Joseph St
W Hugh Veteran Dr
Campbell Ct
Parcel 76A
W
sM
eck
ill R
d
B
R
Q
135
Salinda Dr
e
Lak
lin
Sa
R
da
d
0.15
0.075
0
º
0.15
Miles
Sources:
Non Orthophotography
Data - Obtained from the State of Indiana Geographical
Information Office Library
Orthophotography - Obtained from Indiana Map Framework Data
(www.indianamap.org)
Map Projection: UTM Zone 16 N Map Datum: NAD83
This map is intended to serve as an aid in graphic
representation only. This information is not warranted
for accuracy or other purposes.
Petroleum Well
Interstate
333Mine - Surface
333
B B BMine -
County Boundary
Project Area
State Route
B B BUnderground
B
! B
! B
! Petroleum Field
Half Mile Radius
US Route
! ! !
C-8
Local Road
Red Flag Investigation - HazMat Map
SR 135 - #
Excess
Parcel
#
$
$
LA Code 3723, Parcel 76A
Washington County, Indiana
`
_
60
S
M
ti
ar
r
bu
ns
g
Lee St
Florence St
!
<
Highland Dr
R
Q
Carr St
.
Ridgeview Dr
Paynter St
Carr St
.
Arthur St
S High St
Meridian St
.
Dr
West St
Tucker St
uth
So
Division St
@
A
Reister St
Fair St
Caleb St
Central Ave
Rd
.
O
Grandview Dr
W Joseph St
#
$
Imperial Dr
O
W Hugh Veteran Dr
Campbell Ct
Parcel 76A
W
s
eck
lR
Mil
d
B
R
Q
135
Salinda Dr
e
Lak
lin
Sa
R
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d
k
j
@
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Brownfield
RCRA Corrective Action Sites
S
R
P
M
E
$
"
Confined Feeding Operation
Construction/Demolition Site
Infectious/Medical Waste Site
!
.
.
@
!
@
A
Leaking Underground Storage Tank
Manufactured Gas Plant
NPDES Facilites
O
NPDES Pipe Locations
Open Dump Waste Site
&
!
W
X
!
<
0.15
0.075
0
9
:
`
_
!
[
!
?
#
$
W
V
!
A
RCRA Generator/TSD
Restricted Waste Site
Septage Waste Site
Solid Waste Landfill
º
Institutional Controls
County Boundary
Project Area
State Cleanup Site
Superfund
Tire Waste Site
Underground Storage Tank
Interstate
Voluntary Remediation Program
US Route
Waste Transfer Station
Local Road
Half Mile Radius
State Route
Sources:
Non Orthophotography
Data - Obtained from the State of Indiana Geographical
Information Office Library
Orthophotography - Obtained from Indiana Map Framework Data
(www.indianamap.org)
Map Projection: UTM Zone 16 N Map Datum: NAD83
0.15
Miles
This map is intended to serve as an aid in graphic
representation only. This information is not warranted
for accuracy or other purposes.
C-9
Page 1 of 4
04/16/2013
Indiana County Endangered, Threatened and Rare Species List
County: Washington
Species Name
Common Name
FED
STATE
GRANK
SRANK
Platyhelminthes (Flatworms)
Sphalloplana weingartneri
Weingartner's Cave Flatworm
WL
G4
S4
Diplopoda
Conotyla bollmani
Bollman's Cave Milliped
WL
G5
S4
S4
Pseudotremia indianae
Blue River Cave Milliped
WL
G4
Crustacean: Malacostraca
Crangonyx packardi
Packard's Cave Amphipod
WL
G4
S4
Miktoniscus barri
Barr's Terrestrial Isopod
WL
G2G4
SNR
Orconectes inermis inermis
A Troglobitic Crayfish
WL
G5T4
S4
Crustacean: Copepoda
Diacyclops jeanneli
Jeannel's Cave Copepod
ST
G3G4
S2
Crustacean: Ostracoda
Dactylocythere susanae
An Ostracod
WL
G2G4
S3
Sagittocythere barri
Barr's Commensal Cave Ostracod
WL
G5
S3S4
Mollusk: Bivalvia (Mussels)
Cyprogenia stegaria
Eastern Fanshell Pearlymussel
SE
G1Q
S1
SE
G2TX
SX
LE
Epioblasma torulosa torulosa
Tubercled Blossom
Fusconaia subrotunda
Longsolid
SE
G3
SX
Lampsilis fasciola
Wavyrayed Lampmussel
SSC
G5
S3
G5
S2
Ligumia recta
Black Sandshell
Obovaria subrotunda
Round Hickorynut
LE
SSC
G4
S1
Kidneyshell
SSC
G4G5
S2
Salamander Mussel
SSC
G3
S2
Villosa lienosa
Little Spectaclecase
SSC
G5
S3
Mollusk: Gastropoda
Carychium riparium
Floodplain Thorn
G2G3
SNR
Zonitoides kirbyi
Shadow Gloss
G2
SNR
Ellipluran: Collembola
Arrhopalites ater
Black Medusa Cave Springtail
ST
G2
S2
Arrhopalites benitus
A Springtail
WL
G1
S1
Arrhopalites lewisi
Lewis' Cave Springtail
ST
GNR
S2
S4
Ptychobranchus fasciolaris
Simpsonaias ambigua
Folsomia prima
Primitive Springtail
WL
GNR
Folsomides americanus
Small Springtail
SE
GNR
S1
Hypogastrura horrida
Bristly Springtail
WL
GNR
SNR
Isotoma anglicana
A Springtail
WL
GNR
SNR
Isotoma caeruleatra
Blue Springtail
WL
GNR
SNR
SNR
Isotoma nigrifrons
Dark Springtail
WL
GNR
Isotoma nixoni
Nixon's Springtail
WL
GNR
SNR
WL
GNR
SNR
Isotoma torildae
Indiana Natural Heritage Data Center
Division of Nature Preserves
Indiana Department of Natural Resources
This data is not the result of comprehensive county
surveys.
Fed:
State:
GRANK:
SRANK:
LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting
SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;
SX = state extirpated; SG = state significant; WL = watch list
Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon
globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant
globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank
State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;
G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in
state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status
unranked
C-10
Page 2 of 4
04/16/2013
Indiana County Endangered, Threatened and Rare Species List
County: Washington
Species Name
Common Name
FED
STATE
GRANK
SRANK
Onychiurus casus
Fallen Springtail
WL
GNR
S4
Onychiurus reluctus
A Springtail
WL
GNR
S4
S2?
Pseudosinella collina
Hilly Springtail
SR
GNR
Pseudosinella fonsa
Fountain Cave Springtail
ST
G3G4
S2
Sinella alata
Springtail
WL
G5
S4
Sinella cavernarum
A Springtail
WL
G5
S4
Insect: Coleoptera (Beetles)
Aleochara lucifuga
Rove beetle
WL
GNR
S4
ST
GNR
S1?
GNR
S3
Necrophilus pettiti
A Carrion Beetle
Pseudanophthalmus stricticollis
Marengo Cave Ground Beetle
Pseudanophthalmus tenuis
Cave Beetle
WL
G4
S4
Pseudanophthalmus youngi
Young's cave ground beetle
SR
G3G4
S3
Insect: Lepidoptera (Butterflies & Moths)
Cyllopsis gemma
Gemmed Satyr
SR
G5
S2
Erynnis martialis
Mottled Duskywing
ST
G3
S2S3
Arachnida
Bathyphantes weyeri
A Cave Spider
G4
SNR
Cicurina arcuata
A Funnel-web Weaver
GNR
S1
Erebomaster flavescens
Golden Cave Harvestman
ST
G3G4
S2
Hesperochernes mirabilis
WL
G5
S4
Kleptochthonius packardi
Southeastern Cave
Pseudoscorpion
Packard's Cave Pseudoscorpion
SE
G2G3
S1S2
Fish
Amblyopsis spelaea
Northern Cavefish
SE
G4
S1
Etheostoma maculatum
Spotted Darter
SSC
G2
S2S3
Etheostoma variatum
Variegate Darter
SE
G5
S1
Notropis ariommus
Popeye Shiner
SX
G3
SX
Amphibian
Acris crepitans blanchardi
Northern Cricket Frog
SSC
G5
S4
Cryptobranchus alleganiensis alleganiensis
Eastern Hellbender
SE
G3G4T3T4
S1
Reptile
Clonophis kirtlandii
Kirtland's Snake
Nerodia erythrogaster neglecta
Copperbelly Water Snake
Opheodrys aestivus
Rough Green Snake
PS:LT
SE
G2
S2
SE
G5T3
S2
SSC
G5
S3
S3
Terrapene carolina carolina
Eastern Box Turtle
SSC
G5T5
Bird
Ammodramus henslowii
Henslow's Sparrow
SE
G4
S3B
Ardea herodias
Great Blue Heron
G5
S4B
Red-shouldered Hawk
G5
S3
Buteo lineatus
Indiana Natural Heritage Data Center
Division of Nature Preserves
Indiana Department of Natural Resources
This data is not the result of comprehensive county
surveys.
Fed:
State:
GRANK:
SRANK:
SSC
LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting
SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;
SX = state extirpated; SG = state significant; WL = watch list
Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon
globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant
globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank
State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;
G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in
state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status
unranked
C-11
Page 3 of 4
04/16/2013
Indiana County Endangered, Threatened and Rare Species List
County: Washington
Species Name
Common Name
FED
STATE
GRANK
SRANK
Cistothorus platensis
Sedge Wren
SE
G5
S3B
Dendroica cerulea
Cerulean Warbler
SE
G4
S3B
SSC
G5
S2
Haliaeetus leucocephalus
Bald Eagle
Helmitheros vermivorus
Worm-eating Warbler
SSC
G5
S3B
Tyto alba
LT,PDL
Barn Owl
SE
G5
S2
Wilsonia citrina
Hooded Warbler
SSC
G5
S3B
Mammal
Corynorhinus rafinesquii
Rafinesque's Big-eared Bat
SSC
G3G4
SH
S1
Myotis austroriparius
Southeastern Bat
SSC
G3G4
Myotis lucifugus
Little Brown Bat
SSC
G5
S4
Myotis sodalis
Indiana Bat or Social Myotis
SE
G2
S1
G5
S4
LE
Pipistrellus subflavus
Eastern Pipistrelle
SSC
Taxidea taxus
American Badger
SSC
G5
S2
Vascular Plant
Aconitum uncinatum
Blue Monkshood
SE
G4
S1
Bacopa rotundifolia
Roundleaf Water-hyssop
ST
G5
S1
Calamagrostis porteri ssp. insperata
Reed Bent Grass
ST
G4T3
S1
S2
Carex straminea
Straw Sedge
ST
G5
Crataegus prona
Illinois Hawthorn
SE
G4G5
S1
Cuscuta cuspidata
Cusp Dodder
SE
G5
S1
Diervilla lonicera
Northern Bush-honeysuckle
SR
G5
S2
Eleocharis bifida
Glades spikerush
SE
G3G4
S1
S1
S2
Euphorbia obtusata
Bluntleaf Spurge
SE
G5
Gonolobus obliquus
Angle Pod
SR
G4?
Hexalectris spicata
Crested Coralroot
SR
G5
S2
Juncus secundus
Secund Rush
SE
G5?
S1
Lathyrus venosus
Smooth Veiny Pea
ST
G5
S2
S2
Linum sulcatum
Grooved Yellow Flax
SR
G5
Magnolia acuminata
Cucumber Magnolia
SE
G5
S1
Oenothera triloba
Stemless Evening-primrose
SX
G4
SX
Ophioglossum engelmannii
Limestone Adder's-tongue
SR
G5
S2
Penstemon deamii
Deam Beardtongue
SR
G1
S1
S1
Polygala incarnata
Pink Milkwort
SE
G5
Polypodium polypodioides
Resurrection Fern
SR
G5
S2
Scirpus purshianus
Weakstalk Bulrush
SR
G4G5
S1
Silene regia
Royal Catchfly
ST
G3
S2
Thalictrum pubescens
Tall Meadowrue
ST
G5
S2
S2
Tragia cordata
Heart-leaved Noseburn
WL
G4
Waldsteinia fragarioides
Barren Strawberry
SR
G5
S2
Woodwardia areolata
Netted Chainfern
SR
G5
S2
Indiana Natural Heritage Data Center
Division of Nature Preserves
Indiana Department of Natural Resources
This data is not the result of comprehensive county
surveys.
Fed:
State:
GRANK:
SRANK:
LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting
SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;
SX = state extirpated; SG = state significant; WL = watch list
Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon
globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant
globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank
State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;
G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in
state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status
unranked
C-12
Page 4 of 4
04/16/2013
Indiana County Endangered, Threatened and Rare Species List
County: Washington
Species Name
Common Name
FED
STATE
GRANK
SRANK
High Quality Natural Community
Barrens - bedrock limestone
Limestone Glade
SG
G4
S2S3
Barrens - bedrock siltstone
Siltstone Glade
SG
G2
S2
S1
Barrens - chert
Chert Barrens
SG
G2
Forest - upland dry-mesic
Dry-mesic Upland Forest
SG
G4
S4
Forest - upland mesic
Mesic Upland Forest
SG
G3?
S3
Primary - cave aquatic
Aquatic Cave
SG
GNR
SNR
Primary - cliff limestone
Limestone Cliff
SG
GU
S1
Indiana Natural Heritage Data Center
Division of Nature Preserves
Indiana Department of Natural Resources
This data is not the result of comprehensive county
surveys.
Fed:
State:
GRANK:
SRANK:
LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting
SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;
SX = state extirpated; SG = state significant; WL = watch list
Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon
globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant
globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank
State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;
G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in
state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status
unranked
C-13
Attachment D
Additional Parcel Information
D-1
D-2
Exhibit "A"
PROJECT STP-141-1(009)
CODE: 3723
PARCEL 76A (EXCESS LAND)
Sheet 4 of5
A part of the Southwest Quarter of Section 20, Township 2 North, Range 4 East, Washington
Coun.+y, Indiana, being all that part of the grantor's land identified as Parcel No. 76A Excess Land that
lies outside the R!W lines depicted upon the Right of Way Parcel Plat for Parcel 76 ofiNDOT Project
STP-1 4 1-1(009) and attached as Exhibit "B", described as follows: Commencmg at the northeast
comer of said quarter section; thence South 1 degree 11 minutes 03 seconds East 334.296 meters
(1 ,096.77 feet) along the east line of said quarter section to the prolonged southern line of the grantor's
land; thence North 78 degrees 50 minutes 02 seconds West 75.72 1 meters (248.43 feet) along said
southern line prolonged to the western boundary of S.R. 135; thence North 10 degrees 10 nlinutes 47
seconds West 2.919 meters (9.58 feet) along the boundary of said S.R. 135; thence North 33 degrees
00 minutes 47 seconds West 24.140 meters (79.20 feet) along said boundary to pomt "559" as shown
on
~aid
Exhibit "B"; thence North 6 degrees 13 minutes 13 seconds West 60.283 meters (197.78 feet)
along said boundary; thence Nor'".h 5 degrees 58 :rillnutes 03 seconds East 14.446 meters (47.40 feet) to
point "563" as show11 on said Exhibit "B"; thence North 5 degrees 58 minutes 03 seconds East 48 .205
meters (158.15 feet) along said boundary; thence North 12 degrees 28 minutes 02 seconds West 1.326
meters (4.35 feet) along the bounda.ry of said S.R. 13 5 to the northeast comer of the grantor 's land;
thence South 89 degrees 09 minutes 58 seconds West 53 .466 meters (175.41 feet) along the north line
This description was pepared for the
A
·
f./'
Indiana Depa1"tment of Transportation by -'7-"~
=----=:.......:.-=--"~.....=~_.--"M
--'--'~""'--"'""~"-'/=""-"":_r_ __,
Indiana Registered Land Sur,;eyor, License Number 29400010, on the 7t h day of
June
, 2000.
D-3
D-4
D-5
D-6
D-7
D-8
D-9
D-10
D-11
D-12
D-13
D-14
D-15
D-16
D-17
D-18
D-19
D-20
D-21
EXHIBIT D
Hold Harmless Affidavit
STATE OF INDIANA
)
)SS:
COUNTY OF ___________ )
AFFIDAVIT
Comes now the Affiant(s), _______________________________, and swear and
affirm to the following:.
1)
That the above Affiant(s) shall hold harmless and indemnify the
State of Indiana and its agent Indiana Department of Transportation and
accept
the property transfer through Quit Claim Deed without any Warrants and
receive
property As-Is.
SUBSCRIBED AND SWORN TO THIS _______DAY OF ________________,
20___.
__________________________
Affiant’s printed name
___________________________
Affiant’s signature
State of Indiana
)
) SS:
County of _________ )
Subscribed and sworn to before me a Notary Public this ______ day of _____________,
20___.
___________________________
Notary Public
A Resident of ________________ County Indiana
My Commission expires: ______________
11
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